STATE v. WARREN

No. 1.

89 S.E.2d 109 (1955)

242 N.C. 581

STATE v. Burrell WARREN.

Supreme Court of North Carolina.

September 21, 1955.


Attorney(s) appearing for the Case

Wm. B. Rodman, Jr., Atty. Gen., T. W. Bruton, Asst. Atty. Gen., and William P. Mayo, Washington, Member of Staff, for the State.

John M. Queen and Frank D. Ferguson, Jr., Waynesville, for defendant.


DENNY, Justice.

The defendant assigns as error the following excerpts from the charge:

"It is undoubtedly law that a person cannot excuse taking the life of an adversary upon the grounds of self-defense unless the killing is or reasonably appeared to be necessary to protect himself from death or great bodily harm." Exception No. 22.

"An unsuccessful attempt to kill cannot be justified unless the homicide had been excusable had death ensued. It follows...

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